Assembly Bill A6792

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6792

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced  by  M. of A. BALL -- read once and referred to the Committee
  on Correction

AN ACT to amend the  correction  law,  in  relation  to  guidelines  for
  location of sex offenders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 168-w of the correction law, as relettered by chap-
ter 604 of the laws of 2005, is relettered section  168-y  and  two  new
sections 168-w and 168-x are added to read as follows:
  S  168-W.  GUIDELINES  FOR LOCATION OF SEX OFFENDERS. THE DIVISION, IN
CONSULTATION AND COOPERATION WITH THE BOARD OF EXAMINERS OF  SEX  OFFEN-
DERS, DIVISION OF PAROLE, THE OFFICE OF THE DEPARTMENT OF MENTAL HYGIENE
AND  LOCAL  PROBATION  DEPARTMENTS  THROUGHOUT  THE STATE, SHALL DEVELOP
GUIDELINES AND PROCEDURES ON  THE  PLACEMENT,  LOCATION,  RELOCATION  OR
SETTLEMENT OF REGISTERED SEX OFFENDERS WITHIN THE COMMUNITY. SUCH GUIDE-
LINES  AND  PROCEDURES  SHALL  BE  BASED  UPON,  BUT NOT LIMITED TO, THE
FOLLOWING:
  1. THAT MUNICIPALITIES BE ALLOWED TO REJECT  THE  PLACEMENT  OF  ADDI-
TIONAL  SEX  OFFENDERS IN SUCH MUNICIPALITY. FACTORS TO BE CONSIDERED IN
DETERMINING WHETHER A MUNICIPALITY SHALL ACCEPT ANY MORE  SUCH  INDIVID-
UALS SHALL INCLUDE:
  (A)  THAT  SUCH INDIVIDUALS ARE NOT CURRENTLY OVER CONCENTRATED IN ONE
MUNICIPALITY OR PORTION THEREOF;
  (B) THAT ALL EFFORTS ARE MADE TO LOCATE SUCH INDIVIDUALS IN AREAS THAT
HAVE ADEQUATE SUPPORT SERVICES TO MINIMIZE THE RISK OF RECIDIVISM;
  (C) THAT FAMILY AND FRIENDS ARE LOCATED REASONABLY CLOSE BY TO PROVIDE
FINANCIAL, PSYCHOLOGICAL, SOCIAL AND MORAL SUPPORT TO MINIMIZE THE  RISK
OF RECIDIVISM;
  (D) THAT MEASURES ARE TAKEN TO ENSURE THAT SUCH INDIVIDUALS ARE PLACED
IN COMMUNITIES THAT CAN PHYSICALLY ACCOMMODATE SUCH INDIVIDUALS AND THAT
SUCH  INDIVIDUALS ARE NOT LOCATED NEAR CENTERS WITH A HIGH RISK OF RECI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10364-01-9
              

A. 6792                             2

DIVISM, INCLUDING BUT NOT LIMITED TO SCHOOLS, DAY  CARE  CENTERS,  PLAY-
GROUNDS AND OTHER AREAS CHILDREN CONGREGATE.
  2.  THAT MUNICIPALITIES SHALL BE PERMITTED TO ALLOW OR REJECT A SECURE
COMMUNITY RESIDENCE FOR SEX OFFENDERS WITHIN SUCH MUNICIPALITY.
  S 168-X. LOCATION OF SEX OFFENDERS; LIMITATIONS. 1.  FOR  PURPOSES  OF
THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
  (A) "PREMISES" INCLUDES A BUILDING AND ANY PIECE OF REAL PROPERTY.
  (B)  "BUILDING"  MEANS AND INCLUDES, IN ADDITION TO ITS ORDINARY MEAN-
ING, ANY STRUCTURE, VEHICLE OR WATERCRAFT USED FOR THE OVERNIGHT LODGING
OF A PERSON OR USED BY A PERSON FOR CARRYING ON BUSINESS THEREIN OR USED
AS AN ELEMENTARY OR SECONDARY SCHOOL, OR ANY  INCLOSED  MOTOR  TRUCK  OR
INCLOSED  MOTOR  TRUCK TRAILER. WHERE A BUILDING CONSISTS OF TWO OR MORE
UNITS, WHICH ARE SEPARATELY SECURED OR  OCCUPIED,  EACH  UNIT  SHALL  BE
DEEMED  BOTH A SEPARATE BUILDING IN ITSELF AND A PART OF THE MAIN BUILD-
ING.
  (C) "DWELLING" MEANS A BUILDING WHICH IS USUALLY OCCUPIED BY A  PERSON
LODGING THEREIN AT NIGHT.
  (D)  "HOUSING  ACCOMMODATION"  MEANS ANY BUILDING OR STRUCTURE, OR ANY
PORTION THEREOF, WHICH IS USED OR OCCUPIED OR IS INTENDED,  ARRANGED  OR
DESIGNED TO BE USED OR OCCUPIED AS THE HOME, RESIDENCE OR SLEEPING PLACE
OF ONE OR MORE HUMAN BEINGS.
  2.  NO  SEX OFFENDER WHO IS REQUIRED TO REGISTER OR TO VERIFY PURSUANT
TO THE PROVISIONS OF THIS ARTICLE SHALL RESIDE WITHIN THE SAME PREMISES,
BUILDING, DWELLING OR HOUSING ACCOMMODATION AS ANY OTHER SUCH SEX OFFEN-
DER, UNLESS MARRIED OR RELATED TO SUCH OTHER SEX  OFFENDER  AND  SHARING
THE SAME RESIDENCE.
  3.  NO  PERSON  SHALL  KNOWINGLY  PERMIT MORE THAN ONE SEX OFFENDER TO
RESIDE IN ANY ONE PREMISE, BUILDING, DWELLING OR  HOUSING  ACCOMMODATION
UNDER  SUCH  PERSON'S  CONTROL  UNLESS  THE SEX OFFENDERS ARE MARRIED OR
RELATED TO EACH OTHER AND SHARE THE RESIDENCE.
  4. ANY PERSON CONVICTED OF A VIOLATION OF SUBDIVISION TWO OR THREE  OF
THIS  SECTION  SHALL  BE  GUILTY OF A CLASS A MISDEMEANOR UPON THE FIRST
CONVICTION THEREOF, AND UPON A CONVICTION FOR  A  SECOND  OR  SUBSEQUENT
OFFENSE SHALL BE GUILTY OF A CLASS D FELONY.
  S 2. This act shall take effect immediately.